In Rafeiro v. American Employers' Ins. Co. (1970) 5 Cal. App. 3d 799, the insurer filed its indemnity action after the trial of the third party claim. The trial court looked at the entire record of the third party trial and concluded that the damages awarded were all within an exclusion in the policy. Rafeiro does not stand for the proposition that the insurer does not have a duty to defend prior to resolution of the third party claim. Rather, it supports the proposition that under the proper set of facts, either undisputed or resolved by trial, the faulty workmanship exclusion precludes coverage.